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By Casey Harper, for The Center Square
(The Center Square) – A coalition of nearly two dozen states filed a lawsuit Tuesday against the new Trump administration to challenge the president’s executive order ending birthright citizenship for the children of illegal immigrants.
The order was one of 42 executive orders signed Monday after Trump was sworn into office as the 47th U.S. president.
“The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American,” said California Attorney General Rob Bonta.
The lawsuit argues that Trump’s order violates the Fourteenth Amendment to the U.S. Constitution, which guarantees birthright citizenship.
“The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute,” the lawsuit said. “Nor is he empowered by any other source of law to limit who receives United States citizenship at birth.”
Conservative groups like the Heritage Foundation argue the Fourteenth Amendment has been twisted and was meant to apply to recently freed slaves and American citizens, not illegal immigrants who they say are taking advantage of the system.
Supporters of Trump’s action argue that specifically, the Fourteenth Amendment says that only those “subject to the jurisdiction” of the U.S. can benefit from birthright citizenship, and since illegal immigrants are citizens of other countries they don’t have the same protections as American citizens.
Critics in Democrat-led states around the country say Trump has overstepped his authority.
“We are asking a court to immediately block this order from taking effect and ensure that the rights of American-born children impacted by this order remain in effect while litigation proceeds,” he added. “The President has overstepped his authority by a mile with this order, and we will hold him accountable.”
Trump’s executive order on birthright citizenship was one of several orders related to immigration and the southern border. Trump is also sending troops to the border, restarting the Remain in Mexico policy, and reinstating Title 42, a COVID-era policy that significantly cut down on illegal immigration.
Trump also immediately shut down the CBP One app, a mobile app that helped speed up migrants’ entry into the U.S.
The states behind the lawsuit are California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina Rhode Island, Vermont, and Wisconsin, as well as the City of San Francisco.
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Categories: National News
OH GOOD!
More wasted tax monies by our “woke” Vermont State Attorney General.
The Leftists are great at sticking together to fight for the promotion of their anti-American ideology. Law and Order and Common Sense are in opposition to their depraved thinking.
They have been ignoring a very important part of the Fourteenth Amendment, but they will never admit it, so nothing to see here:
No State “shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Abortion (murder of human life) up to the time of birth in Vermont. Is the aborted child “deprived of life and liberty?” Does the aborted child have “equal protection?”
It will be interesting to see how the US Supreme Court rules on birthright citizenship for babies born of those who entered the United States illegally and illegitimately.
What needs to be targeted are the anchor babies born to illegals in America. OK, so they are U.S. citizens but they can be sent back with their parents and when they turn 18, they can return and have their parents come to America the RIGHT way.
Gee. What a surprise that Vermont has jumped on the anchor baby bandwagon.Who would have ever thought it? Anyone know who authorized Vermont to join this litigation?
It was the majority of voters who put Charity Clark in office who have authorized Vermont’s actions. We had 2 opportunities to deny her that authority but yet she serves…
I, personally believe that all babies born in the USA should be given US citizenship That does not mean that their parents have rights if they are here illegally. If the parents are deported they can take their baby with them. All babies should be welcomed. They are born innocent. Yes, I believe that all babies should be welcomed and that includes Vermont babies. Vermont’s Attorney General was one of the biggest supporters of Prop 5 making it a constitutional right to end the life of baby right up to birth . Why does she think babies of illegal aliens have more rights than our Vermont babies? Yes, I know that people are taking advantage of the 14 th Amendment but that is not the baby’s fault. Why should we welcome all these illegally aliens and not our own Vermont babies? All the money spent on the illegal aliens could go to help Vt mothers and babies in difficult situations.
Re: “I, personally believe that all babies born in the USA should be given US citizenship…”
What about babies born to foreigners that are in the U.S. on a diplomatic mission and specifically not ‘subject to the jurisdiction of the United States’? What about babies born to people working in the U.S. temporarily (not permanently residing therein)? What about babies born to parents who are here illegally?
There are a lot of gray areas in this consideration and the Trump administration’s challenge is intended to clarify those areas. For example, for those who believe life begins with conception – do babies conceived in the U.S. have birthright citizenship too? And what would that standard of proof be?
Should someone’s personal belief be the legal standard to which everyone else must adhere? Again, when does life begin? This debate is more comprehensive than the mere birthright issue. For example, if I’m born a man with XY chromosomes, but ‘believe’ I’m a woman…. and so on and so forth.
I feel the very same way! Thank you
I always thought that it would just require a Supreme Court ruling to clarify that “subject to the jurisdiction” means permanent legal resident. But in fact, thanks to the link provided by VDC from NBC5, I just learned that they already did, in 1895, ruling that it applies to children whose parents “have a permanent domicil and residence in the United States.”
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The argument is about who is subject to the jurisdiction of the United States. Are illegal aliens subject to the jurisdiction of the US? It is hard to exercise jurisdiction over people who do not enter lawfully. The executive order was designed to get the question revisited.
… it is like forcing a family undergoing a home invasion to sit the invaders down to dinner, provide a hot bath and regard them as one of the family.
Although I agree with Trump, change to the Constitution requires Legislative process. Then if it passes in DC, it goes to all 50 states to their Legislation. I would be quite happy if that happens, but that is the legal process.
Is it ‘a change’ to the Constitution, or an ‘interpretation’ of the Constitution? What does it mean to be ‘residing’ somewhere? What does it mean to be ‘subject to the jurisdiction thereof’? If you are a ‘strict constructionist’, as was Justice Scalia, what was the intent of those who authored the 14th Amendment? The point is, Trump’s challenge to the birthright issue is a continuation of the legal (i.e., due) process. We don’t always get it right the first time, or the second time, or even the third time. Perfection, as has been said, is God’s work.
It took months to travel across what no takes an hour. People can just land in the United States as easy as it was to visit your neighbor down the street. It’s easier and faster for someone to travel across the globe than it was for someone to cross town in 1700’s. When someone went to those extremes to come to the united states, legally…….it makes sense. Do you really think they thought it was ok for hundreds of thousands of people to just walk into the United States and set up camp? They didn’t have armies that big. Reviewing this in the context it was written and why and seeing how things have changed today and how its’ used is probably worth the time. He’s probably onto something that makes sense, historically and currently. But if baby is a citizen, doesn’t make mom and dad a citizen…so clearly there are some logistical issues regardless.
Bob V,
This is about “interpretation” NOT change.
The Fourteenth Amendment was like some of the sloppy legislation that has come out of Montpelier over the last 50 years. This action by the President and the reactionary lawsuits will drive it to the Supreme Court where it is long overdue to be visited and to have determined it’s original intent. We can hope that the conservative majority will see that it was NEVER intended to confer citizenship on those born to parent(s) who have no legal right to be here. We can also hope that ruling will then be able to be applied fully retroactively.
Watch out Vermonters. If a squatter takes up residence in your home and gives birth you might have to pay child support too, until he/she/they/them turns 18.
Trump is the type of person that will light ten matches and throw them on the table to get a reaction. The mind set of the people will get exposed.
The globalists will not relent tearing down soverignty, erasing history, abolishing generational traditions, mixing ethnicities together to do away with races, creeds, and colors. One big dysfunctional soup of NPC’s who are obedient and compliant to their Master. Agenda 2030 – depopulation, wealth transfer, and reset. The enemy of humanity and civility is on full display. The Western nations will no longer exsist – the plan is baked into the cake and they are going to succeed if people don’t wake up.
Somebody got the memo from George Soros, see how quickly they respond? Clearly this is Vermont’s most pressing problem huh? Some how it gets to the top of the pile immediately for massive press release along with so many other states.
Will say they are nothing if not organized, too bad being an organizer is perhaps the greatest insult/threat to a republic and the truth the world has ever experienced, but then everything is dedicated to the biggest liar, just read the inside cover of Rules for Radicals, their words not mine.
Thankfully, he’s already won, they have no power over him. Fear not, fear not.
TGBTG
Uh-oh — is this deliberate misinformation by government employees?:
““The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and quite frankly, un-American,” said California Attorney General Rob Bonta.”
Americans should get informed about this very important issue. Bonta is, quite frankly, un-American — and wrong. We could ask Charity Clark also why she cares more about foreigners n our nation illegally more than Vermonters. Why do we pay salaries to our public enemies #!?
Here is an analysis that proves he is wrong, if not also just lying: https://www.libertynation.com/will-donald-trump-end-birthright-citizenship/
This amendment should have been addressed long ago, when it was written the country was looking to increase its citizenship. We are I believe the only country that allows this. It’s time for it to go.
Does our little state really have nothing else to spend out tax money on. Disgusting!
Our moonbat Attorney General also likes to sue pharmaceutical and tobacco companies because of the bad decisions made by the users of their products…so this is right up her alley.
To everyone above: I recommend reading the essay/article in the following link concerning the 14th Amendment.
https://americanmind.org/salvo/birthright-citizenship-game-on/
The interpretation of the 14th was ment those born of free slaves that had no control over being brought to America . The AG
And those whom support the law suet are forgetting why Trump won and was to make America great again . It is not the child’s fault of the actions of the parents trying to circumvent actual immigration laws threw a loop hole !
… and the State of California, if a desperate move to find money to pay for the wild fires, will sue the State of Vermont for not achieving their climate goals and subsequently contributing to their disaster.
Good plan by the nitwit democrat progressive communists running the asylum. What with our big surplus and low taxes, we have plenty of money to throw around.
Yes, cuz we need more votes! Insanity